Legal Question in Wills and Trusts in Texas
really theft?
My boyfriend's mother passed away and she had no living will, so all her stuff was just left in her house and her husband at the time didn't take it. My boyfriend lived in the house for a little while and now his sister lives there. He wanted some of his mom's stuff and took a few items of jewelry. His sister filed burglary charges. Would these stand in court or are they dismissable.
2 Answers from Attorneys
Re: really theft?
Probably will not hold up based on the details you gave, but he could be facing some serious problems. If he is arrested he should consult an attorney.
Re: really theft?
Based on these facts, the police probably wouldn't allow a complaint to be filed. Typically they tell the complainant that since it is a family dispute, it is a civil matter. With that said, boyfriend should contact an attorney in the county of Mom's residence to file an heirship proceeding which would mandate that the house and other property be sold and the proceeds be split among the heirs.
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